LAWS(NCD)-2021-3-32

RANJIT SARKAR Vs. ILS HOSPITALS

Decided On March 09, 2021
RANJIT SARKAR Appellant
V/S
Ils Hospitals Respondents

JUDGEMENT

(1.) The present Complaint has been filed under Section 21(a)(i) of the Consumer Protection Act 1986 by Mr. Ranjit Sarkar (hereinafter referred to as the Complainant), the father of deceased son Indrajit Sarkar, who died due to alleged medical negligence on the part of the Opposite Parties - the hospital and attending doctors.

(2.) The Complainant further alleged that Dr. Prasun Halder, Cardiologist did not make any comment on 'Trop T' test of the patient. He should have advised CT Scan or MRI of whole abdomen to detect any injury to the intra-abdominal organs injury around the wedge fracture site at D11 and D12. He also did not advise the assessment of Hct and Hb% to confirm possible blood loss from hemorrhage from any injury to the blood vessels of the internal organ surrounding the fracture site. According to the Complainant, Dr. Prasun Halder, Cardiologist, had not applied his brain and mind in diagnosing the cause for hypotension and tachycardia which was due to continuous hemorrhage from the left adrenal gland which was revealed subsequently. The same was mentioned in the Death Certificate. The Complainant further alleged that though Dr. Prasun Halder, Cardiologist, suspected Pulmonary Embolism (PE) who advised CTPA and Bilateral venous Doppler but failed to take proactive step to investigate immediately to prevent sudden death of the patient from PE. Further it was shocking that without obtaining CTPA report, Dr. Prasun Halder prescribed Inj Arixtra, a drug used to dissolve blood clot formation which should not be used if patient had any bleeding tendency. The administration of injection Arixtra actually precipitated further hemorrhage from Adrenal gland and thereby accelerated the death of the patient.

(3.) The Complainant further submitted that the critically ill patient was not examined frequently after 3 p.m. on 12.07.2014; the BP was not maintained even after double inotropic support. Dr. Ravi Bharadwaj (Opposite Party No. 2) wanted to mislead the parents of the patient by writing provisional diagnosis as sudden acute Pulmonary Embolism and mentioned the "Plan" of treatment as "Follow advice of Dr. P. Sarkar, for Pulmonary Embolism". It was decided only on the basis of ECHO without CTPA report. Dr. Ravi Bharadwaj sought consultation of Pulmonologist, Dr. Anirban Sarkar without mentioning the reasons for such referral. Dr. Ravi Bhardwaj acted rash and negligently and misled that patient was suffering from Pulmonary Embolism which was not a reality.